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Home My WebLink About03-165 Resolution No. 03-165 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE KANE COUNTY FOREST PRESERVE DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to Intergovernmental Agreement on behalf of the City of Elgin with the Kane County Forest Preserve District for the Otter Creek Lift Station and Far West Area Development, a copy of which is attached hereto and made a part hereof by reference . s/Ed Schock Ed Schack, Mayor Presented: June 11, 2003 Adopted: June 11, 2003 Omnibus Vote: Yeas 7 Nays 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS AMENDMENT AGREEMENT made and entered into this (VT H day of J U iU C , 2003,by and between the CITY OF ELGIN, and Illinois municipal corporation, of the Counties of Cook and Kane, in the State of Illinois, (hereinafter referred to as the "City") and eh KANE COUNTY FOREST PRESERVE DISTRICT, in the State of Illinois, (hereinafter referred to as the"District"). WHEREAS, the City and the District have previously entered into an intergovernmental agreement dated December 19, 1997 (such intergovernmental agreement is hereinafter referred to as the"Subject Intergovernmental Agreement"); and WHEREAS, the Subject Intergovernmental Agreement provides in part for certain open space policies, building setbacks and pathway requirements; and WHEREAS, the City has received a proposal from Pulte Home Corporation and the owners of certain property proposing the annexation and development in the City of the property legally described in Exhibit 1 Attached hereto (such property legally described in Exhibit 1 attached hereto is hereinafter referred to as the"Pulte Edgewater Development Property"). WHEREAS, the City, District and the Pulte Home Corporation have agreed to certain provisions regarding the development of the Pulte Edgewater Development Property which will require certain modifications to the subject Intergovernmental Agreement between the City and the District. NOW, THEREFORE, in consideration of the mutual undertakings as set forth herein, and in consideration of the undertakings as set forth in the original Subject Intergovernmental Agreement between the City and the District, and for other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The Subject Intergovernmental Agreement between the City and the District dated December 19, 1997, be and is hereby amended to the extent necessary to allow for the development of the Pulte Edgewater Development Property according to the terms as set forth in Exhibit 2 attached hereto and entitled"Conceptual Outline of Revisions to City of Elgin/Kane County Forest Preserve District Intergovernmental Agreement", it being agreed between the City and the District that the development of the Pulte Edgewater Development Property in accordance with Exhibit 2 hereto shall be deemed to comply with the terms of the Subject Intergovernmental Agreement as amended by this Amendment Agreement. 3. It is agreed that the terms of this Amendment Agreement shall apply solely and only to the Pulte Edgewater Development property. 4. That in the event of any conflict between the terms of the Subject Intergovernmental Agreement dated December 19, 1997, and the terms of this Amendment Agreement, the terms of this Amendment Agreement shall control. IN WITNESS WHEREOF the parties hereto have entered into and executed this Amendment Agreement on the date and year first written above. KANE COUNTY FOREST CITY OF ELGIN PRESERV DISTRICT it By jai �aa� By „- A(,-L2 ,. ��------ C .� e!.., Kane County A , City Manager Forst Preserve District Attest: Attest: dio eid44) Secr City Clerk i cc : .4k,,4,71! ___:: z--)- t.: EXHIBIT 1 SROK PARCEL: THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF SECTION 28 ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF SECTION 28 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO. 708600 WITH A LINE THAT IS 260.0 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 959.84 FEET; THENCE SOUTH 44 DEGREES 06 MINUTES 52 SECONDS WEST, 530.03 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. GUPTA PARCEL: THE WEST 470.00 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1068.60 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND THE WEST 4 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF AND ALSO EXCEPTING THE WEST 470 FEET OF THE NORTH 1522.80 FEET OF THE SOUTH 2093 FEET OF SAID WEST %) IN ELGIN TOWNSHIP, KANE COUNTY AND THE WEST 470.00 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1068.60 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ELGIN. LUDWIG PARCEL: THE WEST 470.0 FEET OF THE NORTH 526.0 FEET OF THE SOUTH 2093.0 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. SCHROEDER PARCEL: THE WEST 470.0 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1567.0 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. C:\myfiles\zoning\pultarc6.rdr CONCEPTUAL OUTLINE OF REVISIONS TO CITY OF ELGIN/KANE COUNTY FOREST PRESERVE DISTRICT INTERGOVERNMENTAL AGREEMENT A. Existing Provisions: 1. A 350 foot, more or less, wide corridor and additional flood plain in the northern area of the property, containing approximately 67.96 acres in the aggregate, as shaded on Exhibit A, ("DISTRICT PARCEL") would be conveyed in fee simple to DISTRICT in its current agricultural condition. 2. CITY would construct pathway within 1 year after construction of sanitary sewer along waterway. 3. DISTRICT would be responsible for maintenance of pathway and open space acreage in perpetuity. B. Pulte Proposal: 1. Existing straightened ag ditch will be restored to a more natural condition and adjacent areas upgraded and enhanced as described in Exhibit C. 2. A 12 foot wide Public Regional Trail of approximately 2,900 lineal feet will be constructed by Pulte within the DISTRICT PARCEL as generally depicted on Exhibit B, and the DISTRICT PARCEL (Parcels 1, 2, and 3 on Exhibit B) , as improved, will be conveyed to the DISTRICT in fee simple as subdivided lots within th Edgewater project. a. Pulte to retain the right to (i) construct the Regional Trail according to DISTRICT specifications (ii) remeander the existing ag ditch, (iii) install detention/ retention facilities and related stormwater and stormsewer conveyance systems, (iv) upgrade wetlands areas per Exhibit C, (v) construct private roads and an Internal Trail System as depicted on Exhibit D, with ASSOCIATION responsibility for maintenance in perpetuity. b. Pulte and, ultimately, Edgewater Homeowners Association ("ASSOCIATION") to retain responsibility for maintenance of the DISTRICT PARCEL, including the Regional Trail in perpetuity. c. Pulte to impose permanent open space/conservation easement on DISTRICT PARCEL simultaneous with the conveyance. d. DISTRICT to have permanent right to inspect and supervise construction and maintenance of the Regional Trail and other improvements to be constructed thereon; permanent access easements will be granted across internal roadways and private lateral trail connections as required to accommodate DISTRICT'S rights. 3. Open space areas adjacent to DISTRICT PARCEL, containing approx- imately 25.54 acres, will be conveyed to the ASSOCIATION in fee simple as subdivided lots within the Edgewater project as incrementally constructed. a. Pulte to (i) install detention/retention facilities and related stormwater and stormsewer conveyance systems, (ii) upgrade wetlands areas per Exhibit C, and (iii) construct an Internal Trail System as depicted on Exhibit D, with ASSOCIATION responsibility for maintenance in perpetuity. b. All such improvements on such adjacent area shall be constr- ucted by Pulte and maintained by the ASSOCIATION in co- ordination with improvements on DISTRICT PARCEL described in Paragraph B.2.a. above. c. Pulte to impose permanent open space/conservation easement on such adjacent areas similar to open space/conservation easement imposed on DISTRICT PARCEL. EXHIBIT 2 ,ter vim 1 ' I Ri 1 !Ir la 1 1 TOTAL AREA OF'FL00DPLAIN 54.35 AC } cf,Mall TOTAL AREA OF BUFFER 13.61 AC ' S� �1101 TOTAL AREA TO BE DEEDED 67.96 AC TO KANE COUNTY FOREST PRESERVE ` I ti ( DISTRICT PER INTERGOVERNMENTAL AGREEMENT L ..1..P - ,`.. I ^ it- �' I Li,—__ 1' jai. C 1;", 0 - . l�� kl� ;1i , 1= 0 ; f:8 ! _ j,,l� � ;- r ti,iziEn '1‘ (1?),/)1 /;Hirl '..---::::.,-,::.1-... ."'A ‘ iii/,11,i..AH/riii:ei/j,''ilion:11: ,,,,,- y.....„.,-.,,,'.••,,4, 8 it.) k„', ....., ,,, ...„,,,::::,,,.-.,,,,t, , .... . ,,,, Amts,:g:.x,1,0c,,i1 _, . .,„ • 2 E ,, 9i I ----- . = _=` eoraeRaw �_= gym`___ •. Ian REVISIONS 1.+ONSUL j�D. ELGIN, ILLINOIS ENGINEERS SURVEYORS• EDGEWATER E'N4IRONMENTAL SCIEN1T9T3 MMA*' IY. &J( [ ...... 4-26-02 emu. !x•.600• . 800 AooAlends erkwq� 7cruon Hilla,Illlaota 90U91 te4 847/834 5560 In 847/834-0095 4ttp://rA iWiF1HD.com wt xo. EXHIBIT A cm, PUPAL ►Romerl 2561 of Exhibit 2 0 • . ol. • I- I-, 4 tv PARCELS TO BE DEEDED TO KANE COUNTY FOREST PRESERVE DISTRICT O PARCEL 1 25.5 AC ro PARCEL 2 8.1 AC O PARCEL 3 34.5 AC P7,.. .:*.',.•, SUBTOTAL 68.1 AC 1!11!111I_-_ m co I .9. ,r 1111 e� ear :Jr rCIIIIIII 1111i]' g E�� 11 III111111111, i .. • ' '��I1111111011111111111111 1 pa, l� IIII;�I "I��I� ►�� " / � r�1111111 �1 1 �� IjI� �� ..� G r�� j�, 1s t, �fsle��j��, �/� r i`'�111111 •/11'��-�s��t=I: I ti • 11.1 % ow,._0 i roe r,„Av.), ,_- ,_4,-• -,,, ' .. �IIf111►�,�.1 r�1f111111 ,� ► �� . . ��- �„�a� "., .,. �* 1: 6'•'�♦ ��' 1111 _.l S �� 111111f1��;�� .,��111111\ J� � � r, .�,1` ,,,,�� ! 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BURKE ENGINEERING WEST, LTD. 116 West Main Street• Suite 201 •St. Charles, Illinois 60174-1854 •TEL(630)443-7755 I FAX(630) 443-0533 May 1, 2002 Mark Mastrorocco Pulte Homes 2250 Point Blvd, Ste. 401 Elgin, IL 60123 ' Subject: Elgin Active Adult Community Bowes Road near Randall Open Space Corridor (CBBEWL Project No. 00-913) Dear Mark: We are writing at your request, and in accordance wit discussions at the Forest Preserve District, regarding the Elgin Active Adult Corn unity Development, and its relationship to the inter-governmental agreement betwee the City of Elgin and the Kane County Forest Preserve District for Open Space .;nd Bike Trail. This letter summarizes the planning approach, engineering cons derations and categorizes benefits with regard to the plan for the Active Adult Corn unity and the Open Space Corridor being advanced. The planning for this Open Space Corridor predates th Kane County Stormwater Management Ordinance. In fact, the need for an ecologi al restoration was identified early in the project development, and the planning of the Ac ive Adult Community has, to some extent, been built around the ecological restoration f the Open Space Corridor. In the existing condition Otter Creek traverses the site fro north to south in a highly disturbed, highly modified channel configuration that w s based on the needs of agriculture. In its current condition the land is farmed to as close to the top of the streambanks as can be reasonably achieved. There is ve little in the way of existing vegetation on-site, and there is virtually no riparian corrid r associated with the main channel. The channel had also been relocated to as far to he east as possible in order to maximize agriculture. In essence, the main channel no longer accesses the floodplain in a manner characteristic of this type of stream. The proposed plan puts the channel back in a meandered fashion into the floodplain. More than 50% is added to the length of the stream channel, which is relatively steep throughout this reach. It is also proposed that native plantings and bioengineering techniques be used to reestablish the streambanks for the proposed channel configuration. The ecological restoration of the stream channel, into its meandered pattern and with better access to the floodplain, has the following benefits: XHIB T c of Exhibit 2 - Water Quality By reducing the energy gradient and stabilizing the stream channel configuration it is expected that the in-stream source of sediments will be reduced and the quality of flow on Otter Creek improved. It is a fact that the greatest source of total suspended solids in any stream corridor is erosion of the banks itself. Certainly, the higher energy gradient of the straightened channel in combination with the unmanaged stream side vegetation puts a high degree of stress on the ability of the streams system to absorb the total suspended solids load imposed. - Wildlife Habitat The re-meandered stream channel, and the more diverse plant community that is to be planted, will create more diverse wildlife habitat and a better ecological balance with a more diverse food chain, which should promote the reuse of the corridor by aquatic and riparian species, that in all likelihood are not currently present. - Flood Storage The floodplain boundaries are expanded, and all existing floodplain storage is preserved, however, the project also includes the development of stormwater management basins that have access to both flows from the development and flows from upstream regionally from Otter Creek. This has an added advantage in that for storms of a more regional nature that may not have high point intensities over the development site the created flood storage is available in the form of additional floodplain storage on a regional basis. Further, the reintroduction of the channel within the floodplain will make this storage available on a more frequent basis so that the public realizes its benefit more often than would otherwise occur. - Compliance with Standards Higher than the Stormwater Management Ordinance The City of Elgin imposed some requirements in their Far West Area Engineering Guidelines, that are more stringent than the Kane County Ordinance. They not only limit the release rate from development to .1 cfs per acre for a 100-yr, 24-hr duration storm, but they also impose the additional release rate requirement for a 2 year event of a maximum release of .04 cfs per acr . r All of the stormwater management basins adjacent to the creek have a large acreage component that is expected to be planted with native vegetation appropriate to the hydrologic regime to which it s being introduced. it is expected that this native vegetation will have a bens it in improving water quality by filtration and will help reduce water volumes by e aporation and transpiration. The expanses of native vegetation adjacent to e regional trail are of a landscape scale, and will be quite striking visually to e users of the regional trail system. Ub/US/L'UUL lU.RJJ 1'lua — Long-Term Maintenance The Kane County Ordinance requires long-term maintenance of stormwater management facilities. Since the project encompasses virtually the entire area of the floodplain, the stormwater management ponds and the relocated channel area are to be managed and maintained by the Homeowner's Association. This Ordinance requirement defrays a significant public burden for management activities. The above are just some of the reasons that we believe that the proposed Open Space Corridor in the Elgin Active Adult Community meets not only the intent and spirit of the City of Elgin inter-governmental agreement and the Kane County Stormwater Management Ordinance, but in some ways surpasses the vision that both documents embodied. If you have any questions regarding this, please do not hesitate to call me at (630) 443-7755. Sincerely, - 'LL6-A/14-e- John J. Wills, P.E. President a uxrn.1 ' C PUBl1C . •c, TRRAIL"� G. �"11111111 C,IIIIII�! ' C �:11111� MI IN NFL •�_ �•: � 'MAIL pl, .iii ra 2 -o F we Z C j Rim EN=' p a . .... d w c. Esal i r 7'11111111±_ c TRBL° ,! 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ELGIN,ILLINOIS ENGINEERS •SURVEYORS• _ EDGEWATER ENVIRONMENTAI.SCIENTISTS M11VNI1T. el_K ppEI MI 4-30-02 seas, 1"•600 BOO Toodlands Mary Vernon HtAe, Minos 80001 tab 617/154-5550 im WPM-0095 bttp:f rraANBAPJ.com LOT NO. EXHIBIT D eon. PULEL MnoAIT, 2501 of Exhibit 2